CA letter which in not mine?

[VF]

Hi everyone, I'm new here hoping to get some advice.

I received a letter from a CA called, Penn Credit Corp in Harrisburg, Pa. They are claiming that I owe a "book of the month club" $126.39??? The problem is, I don't know this book club, never ordered books from them, and don't owe them anything. I looked the book club up on the internet and it's a place where ppl can order books online. The odd thing about all this is, they addressed this letter in my maiden name. I haven't used my maiden name in almost 3 yrs, I legally changed it to my married name back then. So I don't know what this is about, or where and how they got my maiden name from? I was tempted to call them and ask them, but I read where one shouldn't call a CA. So I'm here for some advice on what to do about this. I have very good credit and don't want this to go on my reports. Especially that this isn't my debt. Thanks

[willingtocope]

Welcome...start with the "Debt Validation" (DV) menu item at the top of the page. Send these guys a letter, certified mail, return receipt requested (CMRRR) asking for proof this is yours...

[VF]

Thank you willingtocope...should I mention in the DV letter that the name they have is my maiden name? I don't want to give them anymore info if I don't have to.

[breathing_easier]

Welcome to the CIC, VF.

You could possibly be the victim of identity theft. When you last used your maiden name were you living at a different address? If so, someone currently at that address could have received a solicitation addressed to you under your maiden name at that address and fraudulently subscribed using your info.

Have you checked your credit reports to make certain that this collection account is not reporting?

You will need to DV the CA ASAP to make certain you are within the 30 days set forth in the FDCPA. There is a form letter under the Debt Validation link at the top of this page, but you need to modify it to adhere to your situation. In the event you will need to file a police report for identity theft (which you would then provide to the CRAs in the event this account...or others...appear on your reports) you will definitely want any applications with signature, address used for signing up for the account, etc. Unfortunately, just telling the Book of the Month CA that this account wasn't yours won't be enough to make it go away. You will have to do most of the legwork to prove that it isn't yours, which isn't fair, but it's the way it is.

It usually isn't recommended to speak with a CA on the phone because 1) you want a record of all your communications with a CA in writing, and 2) CAs often try to use strong-arm tactics or get you flustered just to get $$$ out of you -- they don't really care if the account is yours or not. Most figure if they can intimidate you that you'll pay something just to make them go away. They may contact you by phone after receiving your DV letter. If it were me I might speak with them on the phone just one time to reiterate what I requested in the letter and stating once again that the account is not mine and that it might be a case of identity theft. If your state allows you to record the call, then do it. If you're in a one-party recording state then ask if you can record the call and if they decline, then document thoroughly everything about the call -- person's name, time, date, and exactly what was said by both parties. Crazy as it sounds, you could actually get sued over this account (but not likely) and you'll want good documentation of any calls and a thorough papertrail.

[breathing_easier]

Thank you willingtocope...should I mention in the DV letter that the name they have is my maiden name? I don't want to give them anymore info if I don't have to.

Was the collection letter sent to you using your current name or your maiden name? I'm not sure I would mention that the account was opened under your maiden name. I'd wait to see what they provide in response to the DV letter first. JMHO.

[VF]

Thank you so much for responding.

Welcome to the CIC, VF.

You could possibly be the victim of identity theft. When you last used your maiden name were you living at a different address? If so, someone currently at that address could have received a solicitation addressed to you under your maiden name at that address and fraudulently subscribed using your info

I last used my maiden name at a different address, which was almost 3 yrs ago. I thought about identity theft also...about 5 yrs ago, I was a victim of identity fraud. It was all cleared up, and the person who stole my identity was arrested. It was also reported to the CRA's.

Have you checked your credit reports to make certain that this collection account is not reporting?

Yes...I checked my credit reports, I have "mycreditkeeper" and this is not reported. And that's how I want to keep it lol. BTW...the letter was sent in my maidin name. I will send out the DV letter asap... and thanks again.

[LadynRed]

Hang on here. This old 'book club' or magazine subscripton nonsense is a SCAM, so you need to do some investigation. Definitely go the debt validation route. The FTC slammed at least one company a couple of years ago for running this kind of scam.

[VF]

Hang on here. This old 'book club' or magazine subscripton nonsense is a SCAM, so you need to do some investigation. Definitely go the debt validation route. The FTC slammed at least one company a couple of years ago for running this kind of scam.

I did investigate this book club online. The book club is legit, they are on the internet as a legit company/club, but that doesn't mean they didn't scam me lol. A friend of mine belongs to one of these book clubs, I just got off the phone with her. I asked her a ton of questions about it, and she told me she joined her book club online, not through a subscription by mail??? She paid them $1 for so many books, and agreed to buy so many more within a period of time, at a discounted price. She said there were no contracts or signature's involved...so now I'm wondering if this book club got my info from just being online somewhere while searching for things? If so, then this is a scam, and the CA won't be able to validate this debt they claim I owe them. Am I correct? Thanks LadynRed

[VF]

One other thing...when I write the DV letter to the CA, it says to put my signature on it when finished. I really don't want to do that, because if this is a scam, or the CA likes to break laws...what is it for them to copy my signature? Do I have to put my signature on the letter?

[codename_fortyseven]

STOP.

Breathing,

if you are in a one party state (the majority of states in the US) you DO NOT have to tell them anything about the recording.

If you are in a two party state, you may need to give notification/get permission if you want to use the recording in a state court and to avoid any potential for getting in trouble.

Even if you are in a two party state, and the other party gives you notification (these calls may be recorded for quality assurance) that they may record the call, YOU DON'T have to give them notification back.

Read my thread in the resources forum regarding recording phone calls.

As far as DVing, you can go with the longer form letter or the short "I dispute this alleged debt". The point is to dispute in 30 days, so you invoke protections from continued collection activity. CA's routinely run afoul of this, which is a FDCPA violation and grounds for you to sue them.

It isn't up to you to prove the debt doesn't exist. They have to prove they have the right to collect, they have the right person, and the debt/amount are legitimate.

Stay off the phone unless you are recording with scripted questions/topics in hand. If you don't want them to call you add "It is inconvienent for you to call me any time or any place, and my employer prohibits calls at work.

If they can't provide that, they can't collect. If they try to sue them.

Are they reporting to the CRA's?

[Feel violated]

To VF

Your case is remotely similar to mine and you are getting good advice.

But some things should be stressed.

1. You should DV them well within the 30 days or you lose important legal rights. In general stay off the phone unless you know what you are doing.

Get a good dv letter off this site, modify it some, and send cmrrr.

2. You need not allege not mine, identity theft, or any alternate theories.

Its up to them to validate the debt. At this point you know almost nothing.

Chances are the CA has nothing either and are just seeing if they can sucker you into paying.

3. File a police report of possible identity theft NOW on what you have. Send a copy with DV letter. Its my understanding that this prevents the CA from reselling the account. It may or may not turn out to be identity theft but don't be like me and file the report late. And besides, if it is identity theft and this is just the first account showing, it may not be a blessing but the earlier you are on it the better.

4. If it turns out the CA has nothing, should not have dunned you, don't just feel relief, go after the CA. I know I am and I am planning to make the 15,000 or so pieces of copper they tried and failed to dun me for a very expensive mistake. And above all complain, complain, and complain.

Tell your friends and neighbors about this and other web sites that have these wonderful helpfull folks.

Many CA's make their money from only the ignorant. Now you are somewhat educated and don't waste the anger. Help others is always a good mission.

[codename_fortyseven]

Feels violated,

Wrong answer on the prevention of them selling the account. First, ALL you need to do is dispute. You aren't supposed to sell disputed accounts. They probably will, but that's another court case for another day. Police reports have nothing to do with that.

If you are going to allege Identity theft, you need a police report and affadavit saying you didn't benefit from this account in any way. We aren't at that point yet. I would not send a police report. You shouldn't allege identity theft or fraud, unless you know it happened.

[Feel violated]

To 47

Don't know if I necessarily agree with you on the filing of a police report.

Since VF states she did not join the bookclub and had not received any books, saying she MAY be a victim of POSSIBLE identity theft is a viable

step she may want to take. I am not saying she should say she IS a DEFINITE victim of identity theft. But I defer to other views on that question. So others weigh in on that question.

But the one thing your post helpfully points out is that getting this entire matter resolved is not going to be as simple or fast as one DV letter. Assuming the CA slinks away unpaid there will still be the matter of getting them off the credit report. Maybe a lawsuit in future but that is a rare thing.

But one thing for certain, VF will be having to think many moves ahead and that starts with a credit education she can get here or other places.

Sorry VF, but welcome to the club. You are now where I was a few months ago, lots of questions and few answers on why you were dunned.

Wish I could say its a fast and a just process, but we have to work with the lousy system we have now. The answers will come but very slowly. But you have to start with a complete DV letter asking for many details about the alleged account. Ask for less and you will get garbage that tells you nothing.

[breathing_easier]

If you're in a one-party recording state then ask if you can record the call and if they decline, then document thoroughly everything about the call -- person's name, time, date, and exactly what was said by both parties.

Good catch, code. I meant to type "two-party recording state."

[breathing_easier]

But you have to start with a complete DV letter asking for many details about the alleged account. Ask for less and you will get garbage that tells you nothing.

I agree. While the simpler "I dispute" letter may be workable in some cases, in this case VF wants as much information about the account as she can get in order to defend herself against the CA's allegations and for providing to the police when/if she files an i.d. theft report.

...so now I'm wondering if this book club got my info from just being online somewhere while searching for things?

I had something similar happen to me recently when I was on one of my cc's website. I inadvertently signed up for their credit life insurance policy when I was navigating the site for something else. When it popped up on my account a few days later I called to question the charge and was told that I had signed up for it online a few days earlier. They agreed to reverse the charge, but I am now much more careful about what I click on when surfing the Net.

[breathing_easier]

One other thing...when I write the DV letter to the CA, it says to put my signature on it when finished. I really don't want to do that, because if this is a scam, or the CA likes to break laws...what is it for them to copy my signature? Do I have to put my signature on the letter?

There has been much debate about this subject on this site. One camp says don't sign anything, the other says that without a signature it is not admissible in court should the case go that far. I think it is Methuss (?) who recommends signing in red glitter gel ink as it does not scan well. Others recommend initialing instead of signing.

[codename_fortyseven]

The thing is, they don't have to provide all the info VF is asking for in the typical form DV. The statute and case law dictates what must be provided, which should be sufficient to know if this is identity theft or what.

I think it is a bad idea to go filling out a police report based on what you think right now. If you really, honestly think it is identity theft, go ahead and fill out the police report. I wouldn't do it to keep them from selling the account.

As far as signing, get your red glitter pen.

[VF]

I did check my credit reports, ...my reports do not show this collection on it. I did write the long form DV letter, and mailing it out tomorrow.

What baffles me is, if I didn't sign a contract or agree to buy these books, and it wasn't me who did this. There will be no way the CA or the creditor can prove it was me. Can they still report me to the CRA's? And, what happens next? And, I can initial the letter, or sign in red glitter ink, and that will hold up?

[breathing_easier]

What baffles me is, if I didn't sign a contract or agree to buy these books, and it wasn't me who did this. There will be no way the CA or the creditor can prove it was me. Can they still report me to the CRA's?

Yes. This happens every day. Just ask the millions of victims of identity theft. You mentioned that you have gone through i.d. theft once before so I'm sure you understand. Since many services and goods are applied for online, the day of the signed contract is going by the wayside.

And, I can initial the letter, or sign in red glitter ink, and that will hold up?

I haven't done this, but those that have say it works fine.